PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective date: 10/01/2016
Welcome to LawnGuru. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at firstname.lastname@example.org.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the www.lawnguru.co website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com
What are the basics of using LawnGuru?
Our Services are for customers (each, a “Customer”) and outdoor service providers (each, a “Provider”). Providers and Customers are connected through the Services such that Providers may provide certain landscaping services to Customers (the “Provider Services”). If you are a Provider, your use of the Services is also subject to a separate “Provider Agreement” that you will be required to accept prior to your use of the Services. LawnGuru is an intermediary between Customers and Providers and does not provide Provider Services.
In order to take advantage of our Services, you will be required to sign up for an account, and select a password . You promise to provide us with accurate, complete, and updated registration information about yourself. You may not transfer your account to anyone else without our prior written permission. You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
If you are agreeing to these Terms on your own behalf, you represent and warrant that you are of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
If you are a Customer, you will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party (except to the extent you manage a property on behalf of third parties), and only in a manner that complies with all laws that apply to you. If you are a Provider, you will only use the Services for your own internal, commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including LawnGuru);
- Violates any law or regulation, including any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your LawnGuru account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in LawnGuru?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including LawnGuru’s) rights.
You understand that LawnGuru owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Do I have to grant any licenses to LawnGuru or to other users?
For all User Submissions, you hereby grant LawnGuru a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as card bg-faded card-block mb-3 as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal LawnGuru account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant LawnGuru the license above, as card bg-faded card-block mb-3 as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a service request submitted by a Customer that is shared with a Provider) (a “Limited Audience User Submission”), then you grant LawnGuru the licenses above, as card bg-faded card-block mb-3 as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view (for example, a comment to an article on the website) (a “Public User Submission”), then you grant LawnGuru the licenses above, as card bg-faded card-block mb-3 as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all LawnGuru users and providing the Services necessary to do so, as card bg-faded card-block mb-3 as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, irrevocable, and worldwide, provided that when you delete your LawnGuru account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from LawnGuru’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (collectively, “Feedback”), then you grant LawnGuru a license to use Feedback in any manner that it chooses. Any revisions to the Services based on the Feedback shall be owned by LawnGuru.
Finally, you understand and agree that LawnGuru, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
If you are a Customer, you represent and warrant that (i) you are the legal owner or otherwise have legal control over the properties for which you request the Provider Services, (ii) your property is free of all debris and obstacles that pose hazards to persons or property, (iii) your property details are accurate and boundaries are clearly marked, and (iv) the property is in suitable condition for lawn mowing or snow removal.
LawnGuru has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, LawnGuru will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that LawnGuru shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
We do not recommend or endorse any specific Provider, opinions, or other information that may appear through the Services. If you rely on any of the Content provided through the Services, you do so solely at your own risk. We operate only as an intermediary between Customers and Providers, by providing Customers a method to receive Provider Services and collecting payment for those Provider Services. As a Customer, it is in your sole discretion whether or not to request a Provider Service from a Provider, and it is in the Provider’s sole discretion whether or not to accept each Customer’s request. Customers and Providers should make whatever investigation they feel is necessary before entering into an engagement through the Services. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
We have no control over, and cannot guarantee the availability of any Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Services whatsoever.
Will LawnGuru ever change the Service
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Does LawnGuru cost anything?
If you are a Provider, the Services provided do require payment of certain fees as mutually agreed upon by you and LawnGuru in the Provider Agreement.
If you are a Customer, the Services provided are currently provided free of charge, but the Provider Services are subject to a fee (each, a “Provider Charge”) and will be entirely your responsibility. The amount of such Provider Charges will be communicated to Customers through the Services. Your payment of each Provider Charge is due immediately upon completion of your requested Provider Service by the Provider. Our third-party payment service will charge the credit card designated in your account to facilitate payment of the Provider Charge. You may change your payment method at any time by updating your account information. After your credit card is charged, you will receive a receipt for the Provider Charge by email. LawnGuru strictly prohibits cash payments and/or donations to Providers. You shall not make or accept cash payments or any other type of compensation under any circumstance.
If you are a Customer, you have the option to cancel requests for Provider Services. If you cancel a Provider Service request after the Provider is en-route to your property, you agree to pay a $5.00 cancellation fee to the Provider.
In some cases, LawnGuru or its Providers may determine a property unsuitable for a requested Provider Service, for reasons including, but not limited to, hazard to the person or property (e.g., pets, children, debris on property), unforeseen conditions (e.g., excessive grass length as it poses a threat of unknown and non-visible objects on the ground), inaccurate representation of the property, invalid property information. In these situations in which the property is unsuitable, you agree to pay a $10.00 cancellation fee to the Provider.
All payments made through the Services are non-refundable. LawnGuru reserves the right to remove, revise, or refund Provider Charges for any or all Provider Services at any time for any reason whatsoever.
LawnGuru reserves the right to charge for and/or to change the prices of certain or all Services in the future. We will notify you of any such change, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that LawnGuru may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.
What if I want to stop using LawnGuru?
LawnGuru is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. LawnGuru has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. If you have deleted your account by mistake, contact us immediately at [insert means] – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay a Provider Charge or to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
I use the LawnGuru App available via the Apple App Store – should I know anything about that?
- Both you and LawnGuru acknowledge that the Terms are concluded between you and LawnGuru only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that LawnGuru, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, LawnGuru, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and LawnGuru acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and LawnGuru acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
- In the event you use the Application to provide you with real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
What else do I need to know?
LawnGuru Is Solely An Intermediary. We do not recommend or endorse any specific Provider, opinions, or other information that may appear through the Services. If you rely on any of the Content provided through the Services, you do so solely at your own risk. We operate only as an intermediary between Customers and Providers, by providing Customers a method to receive Provider Services and collecting payment for those Provider Services. As a Customer, it is in your sole discretion whether or not to request a Provider Service from a Provider, and it is in the Provider’s sole discretion whether or not to accept each Customer’s request. Customers and Providers should make whatever investigation they feel is necessary before entering into an engagement through the Services. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
Warranty Disclaimer. Neither LawnGuru nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Further, we do not make any representations or warranties regarding any Provider’s experience, quality of service, legitimacy, insurance status, or certification. We (and our licensors and suppliers) make no representations or warranties regarding services or products, including the Provider Services, offered or purchased through the Services. Products and services purchased or offered through the Services, including the Provider Services, are provided “AS IS” and without any warranty of any kind from LawnGuru or others. THE SERVICES AND CONTENT ARE PROVIDED BY LAWNGURU (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL LAWNGURU (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $100, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
User Disputes. If there is a dispute between participants of our Services, or between users and any third party, you agree that LawnGuru is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release LawnGuru, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. In the event that there is damage to your person or property in the process of receiving Provider Services, including without limitation to, physical damages, bodily injury, death or emotional distress, or discomfort, you may only seek recourse against the Provider. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold LawnGuru, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without LawnGuru’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of Michigan, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Oakland County, Michigan, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Oakland County, Michigan. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND LAWNGURU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Miscellaneous. If you are a Provider, your use of the Services is also subject to your Provider Agreement. In the event of a conflict between these Terms and the Provider Agreement, the Provider Agreement shall control. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and LawnGuru agree that these Terms are the complete and exclusive statement of the mutual understanding between you and LawnGuru, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of LawnGuru, and you do not have any authority of any kind to bind LawnGuru in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and LawnGuru agree there are no third party beneficiaries intended under these Terms.